He said: “In this case there is no doubt that the plaintiff has behaved poorly by indicating that he had received medical evidence that he was unfit to attend court and by failing to provide any evidence to support this contention.”

But the judge concluded: “I do not find that there has been a persistent and flagrant conduct of the type which would justify such an order.”

With J19’s lawyers cautioned that no further opportunities will be allowed, he listed the case for further review next month.